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made without a miranda warning or made while he's not really competent between times when he's sedated and not sedated. so they may be risking their death penalty, but they may be doing it for a good reason. they may need realtime intelligence, but i don't think that the public safety exception will stand up for allowing them not to have given the miranda warnings. >> fascinating. in fact, i have a lot of questions about that i'm going to get to. and actually i want to bring in another colleague as well right now. steve razor is a former military judge advocate general and knows a thing or two about this military issue. typically, steve, we hear about a 48-hour window and this is a very new area of justice. this has only been in sort of parlay for the last couple of years. we are far outside of that 48 hours by today. but can it be extended in the case of public safety? and exactly when can you establish that a public safety exemption has expired or is no longer of concern? how long can you keep him from getting miranda? >> well, there's no hard and fast rule on that. and that's exactl
not get his miranda rights. >> among of group of republicans calling for the boston bombing suspect to be considered an enemy combatant. that means he would not have the same constitutional protection as a regular citizen, with regard to what he says as the investigation moves forward. will this happen? california congressman, a senior member of the intelligence committee. congressman, always good to see you. i know that you disagree with the congressman and think that the suspect is in custody. is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be trea
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